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O.C.G.A. § 36-36-40 — Use of municipally owned utilities by residents of annexed territory | Georgia Code

O.C.G.A. § 36-36-40 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 36 LOCAL GOVERNMENT

Chapter 36 information not found

ARTICLE 3 ANNEXATION PURSUANT TO APPLICATION BY OWNERS OF 60 PERCENT OF LAND AND 60 PERCENT OF ELECTORS

36-36-40. Use of municipally owned utilities by residents of annexed territory.

Nothing within this article shall prohibit the municipal corporation from requiring the residents of the newly annexed area to use utilities owned by the municipal corporation when they are available.

(Ga. L. 1966, p. 409, § 8; Code 1981, §36-36-30; Code 1981, §36-36-40, as redesignated by Ga. L. 1992, p. 2592, § 3.)

Editor's notes.

- Ga. L. 1992, p. 2592, § 3, effective July 1, 1992, renumbered former Code Section 36-36-30 as present Code Section 36-36-40.

JUDICIAL DECISIONS

City may under proper authority annex territory under conditions applicable only to newly annexed territory. City of Midway v. Midway Nursing & Convalescent Ctr., Inc., 230 Ga. 77, 195 S.E.2d 452 (1973).

Cited in City of Brookhaven v. City of Chamblee, 329 Ga. App. 346, 765 S.E.2d 33 (2014); City of Atlanta v. Mays, 301 Ga. 367, 801 S.E.2d 1 (2017).

RESEARCH REFERENCES

ALR.

- Duty of public utility to duplicate service, 52 A.L.R. 1111.

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